As the Apple vs. Samsung trial continues, you’d think that Apple is the only one winning in a trial that it started, but reality poses differently. Obviously it’s up to the judge to admit evidence against either party, or to allow certain patent claims to be submitted as admissible. Today’s progress in the trial shows that Apple isn’t the only company with some cards under its sleeve.

Today Judge Judy Koh decided not to admit an Apple motion to allow the company to present evidence to the jury that it’s actually practicing three of the asserted patents against Samsung – namely the ‘414, ‘172 and ‘959 patents. Samsung claims that four of the patents aren’t even present in Samsung devices, and on the other hand Apple continues to claim that there are more patents being infringed than the amount of patents being claimed in the trial.

This complicates everything for Apple as both companies had accepted to reduce the amount of patents to be claimed to speed the trial process, and which left Apple with five patents, and Samsung with two. If three of Apple’s patents are not allowed, then this leaves Apple fighting for very little. Time will tell how this will develop eventually.